Methamphetamine Possession in California
Possessing any usable amount of meth is illegal under California Health and Safety Code §11377 unless you have a valid prescription. Methamphetamines have a high risk of dependence and abuse, though they do have some accepted medical uses. The pharmaceutical version of meth, Desoxyn, is approved by the U.S. Food and Drug Administration to treat obesity and attention deficit hyperactivity disorder (ADHD). However, it is rare for physicians to prescribe it because there are other drugs that are more effective and less likely to lead to addiction. There is also a great deal of stigma surrounding the drug.
If you have been accused of unlawfully possessing meth in any form, whether it was a small bag of crystal or a few pills of Desoxyn, contact a Los Angeles meth possession attorney.
Defining Possession of Meth
When facing any type of drug possession charge, you need to speak with your criminal defense lawyer about what possession really means and whether there is any way you can defend yourself by showing you did not have actual, constructive, or joint possession of the meth.
- Actual Possession means you had immediate physical possession of the drugs. In many cases, this means the drug was in your clothing, in a backpack or purse, or in some other way on your person. If you were arrested after the police found meth on your person, call a meth possession lawyer right now.
- Constructive Possession can be confusing and a bone of contention between the prosecution and your attorney. Constructive possession means that you had control over the drug or that it was easily accessible to you. It may not have been on your person, but instead within your reach. For instance, it may have been in the glove compartment of your car or under your seat. Or, the drugs may have been in a place only you typically have access to, like the dresser in your bedroom or your gym locker.
- Joint Possession is when you and one or more other individuals share actual and/or constructive possession of the drugs. In this way, you could be charged with possession of meth even if it was not found on your person, in your vehicle, in your home, or in any other place you have control over. The meth could have been found in another person’s home, yet if there is evidence you contributed to the purchase or creation of the drug, you could also be arrested and charged.
Whether or not you can argue against actual, constructive, or joint possession depends on the specifics of your case. You need to speak with Los Angeles meth possession lawyers to learn more about this potential defense.
Penalties for Possession of Meth
Thanks to Proposition 47, a meth possession charge is generally a misdemeanor, which can be penalized by up to one year in jail and a fine of up to $1,000.
However, this misdemeanor drug possession charge is not always available. You cannot receive a lower charge if you are a registered sex offender, have a previous conviction for a violent offense, or were previously convicted of drug possession with the intent to sell. If you are ineligible for the misdemeanor, you may face a felony charge for the current meth possession allegations. If convicted, you face up to three years in prison and up to $20,000 in fines.
Diversion Programs for Meth Possession
You may be eligible to go through a diversion program for a meth possession charge that helps you avoid a conviction entirely or enables you to minimize your punishment and avoid incarceration following a conviction.
If this charge is a first-time drug offense and it is not related to any violent act, then you may be eligible for deferred entry of judgment (DEJ). In this California program, you participate in drug treatment and education for a period of time. If you complete the program, your case is dismissed. However, if you do not complete all of the conditions of the program in the time allowed, the guilty judgment is entered and you can be sentenced up to the maximum punishment allowed by law.
You may also be able to complete drug rehabilitation instead of incarceration if you are convicted. Proposition 36 allows for drug offenders to go through at least 12 months of drug rehabilitation in place of jail. During this time, you also have to follow the rules of probation.
Additionally, the county in which you are facing your drug charges may have other local diversion programs. You should speak with a West Los Angeles meth possession attorney today to learn about your alternatives to a conviction or imprisonment.
Possession of Meth With Intent to Sell
A more serious crime than possessing a small, personal amount of meth is possessing any amount of meth with the intention of selling. Based on California Health and Safety Code §11378, if prosecutors believe there is enough evidence to prove you intended to sell the meth that you had under your control, then you will be charged with a felony.
You may be charged with possession with the intent to sell if:
- A large amount of meth was seized by the police
- The drugs were individually packaged, such as multiple baggies of meth
- Paraphernalia like scales, measuring equipment, and baggies were found at the same location
- Materials to cut meth were found at the same location
- Large amounts of cash were found at the same locations
- There is evidence a large number of people came to that location
- Multiple cell phones were found at that location or in your possession
A conviction for possession with intent to sell can be punished with up to three years in prison and high fines. To defend against this serious offense and try to avoid a harsh punishment, call experienced meth possession lawyers.
Defending Against Meth Possession Charges
If you have been accused of possessing meth or possessing meth with the intent to sell it, call an experienced and aggressive criminal defense attorney from Los Angeles right away. There are a number of potential defenses that may work for your case, such as:
- You did not have possession of the drug
- There was not a usable amount of the drug
- You lacked knowledge of the presence of the drug
- Someone else placed the drug in your home or vehicle on purpose
- You lacked knowledge that the substance was an illegal drug
- Law enforcement conducted an illegal search and seizure
Call a Los Angeles Meth Possession Lawyer Today
If you have been arrested and charged with a drug offense related to meth, the smartest move you can make is to call a criminal defense attorney. Even if you are charged with a misdemeanor offense, a conviction for a drug crime could have a profound impact on your life. It could hold you back from getting your college education. It could make it difficult to get a job. You may lose your driver's license and not have reliable transportation to and from classes or work. A drug conviction can also impact your ability to rent an apartment, get a loan, renew an immigration visa, become a permanent resident or citizen, and maintain custody or visitation with your children.
You need a Los Angeles meth attorney who will tenaciously fight for your freedom. Experienced defense attorneys will fight for your exoneration in court while also preparing to minimize any consequences of a conviction. Contact SPCRC's Recommended Lawyers to fight your meth charge. Schedule your free initial consultation today.